Sri Rajendra Singh Rana & Ors. vs Swami Prasad Maurya
Sri Rajendra Singh Rana & Ors. vs Swami Prasad Maurya - Supreme Court Case Summary of Leading Case -
On 14th February, 2007, a Constitution Bench in Sri Rajendra Singh Rana & Ors. vs Swami Prasad Maurya & Ors. [ Civil Appeal No.765 of 2007] held that the 13 MLAs of the Uttar Pradesh Legislative Assembly who had met the Governor and requested him to invite the leader of the opposition party to form the Government stood disqualifed from the Assembly.
"The very giving of a letter to the Governor requesting him to call the leader of the opposition party to form a Government by them itself would amount to their voluntarily giving up the membership of their original political party within the meaning of paragraph 2 of the Tenth Schedule to the Constitution. If so, the conclusion is irresistible that the 13 members of BSP who met the Governor on 27.8.2003 stand disqualified in terms of Article 191(2) of the Constitution read with paragraph 2 of the Tenth Schedule thereof, with effect from 27.8.2003", the Bench said.